Subhash Chandra and 6 Others vs State of U.P. Thru. Prin. Secy. Home Lko.

The captioned criminal appeal has been filed by the appellants assailing therein, the judgment and order dated 30.10.2024 passed by the learned Additional Sessions Judge, Court No. 6, Faizabad/Ayodhya in Sessions Trial No. 09 of 2014, State Vs. Ratipal & others; arising out of Case Crime No. 141 of 2013 registered under Sections 147, 148, 323/149, 308/149, 304/149 and 504 I.P.C. in Police Station - Mawai, District - Ayodhya whereby, the appellants had been convicted for the offences punishable under Sections 147, 148, 323/149, 308 Part-II/149, 304 PartII/149 & 504 I.P.C. and had been sentenced for rigorous imprisonment of ten years along with fine.

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It has been contended on behalf of the appellants that the eye witnesses, in their testimony recorded before the trial court, had categorically stated that the accused, Ramsurat & Ratipal, had caused serious injury on the head of the father of the informant and therefore, there was no occasion for the trial court to convict the appellants under Sections 308 Part-II/149 and 304 Part-II/149 of the I.P.C.. It has also been contended on behalf of the appellants that the informant himself, in his testimony recorded before the trial court, had categorically stated that due to old enmity between the parties, he had falsely implicated Subhash Chandra, Raju, Udayraj,

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CRLA No. 3786 of 2024

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2

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Ghyanshyam, Keshav Ram and Deshraj, in the case in question.

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Learned counsel appearing for the appellants has argued that once, it is apparent from the testimony available on record that the appellants have not caused any serious injury to the victim and deceased and further, informant himself had stated that he had falsely implicated certain persons in the criminal case for the reason of old enmity, there was no occasion for the trial court to convict the appellants for the offences in question and to sentence them for rigorous imprisonment of ten years.

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It has been submitted that the appellants were on bail during trial and have not misused the liberty of bail. It has further been submitted that the appellants are in judicial custody since 30.10.2024 and since, final disposal of this criminal appeal is likely to take sometime therefore, it is in the interest of justice that the appellants may be enlarged on bail during pendency of this criminal appeal.

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Learned Additional Government Advocate appearing for the State has opposed the prayer of the appellants for grant of bail.

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I have considered the arguments advanced by the learned counsels appearing for the parties and I find that it is quite apparent from perusal of the testimony of the eye witnesses recorded before the trial court that the accused, Ramsurat and Ratipal, had caused serious injury on the head of the deceased and not the appellants. I further find that the informant himself, in his testimony recorded before the trial court, had categorically stated that on account of old enmity between the parties, he had falsely implicated Subhash Chandra, Raju, Udayraj, Ghyanshyam, Keshav Ram and Deshraj, in the case in question, therefore, there was no occasion for the trial court to convict the appellants and sentence them to undergo rigorous imprisonment of 10 years.

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This Court finds that the appellants were on bail during trial and have not misused the liberty of bail. This Court further finds that the appellants are in judicial custody since 30.10.2024 and final disposal of this criminal appeal is likely to take sometime, as old criminal appeals are being listed before this Court for hearing therefore, it is in the interest of justice that the appellants may be enlarged on bail during pendency of this criminal

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CRLA No. 3786 of 2024

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3

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appeal.

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Having considered the overall facts and circumstances of the case, I hereby direct the trial court / competent court to enlarge the appellants, Subash Chandra, Raju, Udayraj, Ghanshyam, Keshav Ram and Deshraj on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The fine, imposed by the trial court, shall be deposited by the appellants-applicants within a period of one month from their actual release from prison, if the same is not earlier deposited.

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(ii) The appellants-applicants shall cooperate in the early disposal of the appeal without seeking unnecessary adjournment.

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(iii) The appellants-applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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On acceptance of the bail bonds and the personal bond, the court concerned shall transmit the photostat copies thereof to this Court for being kept on record.

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Order on Memo of Appeal

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List/Put up this criminal appeal for hearing, in due course.

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November 12, 2025

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Satish

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(Manjive Shukla,J.)

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Subhash Chandra and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko.

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Subhash Chandra and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko.

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